T 1928/22 of 22.03.2024

European Case Law Identifier: ECLI:EP:BA:2024:T192822.20240322
Date of decision: 22 March 2024
Case number: T 1928/22
Petition for review of: -
Application number: 19154572.2
IPC class: A61F 2/24
Language of proceedings: English
Distribution: No distribution (D)
Download: Decision in English
OJ versions: No OJ links found
Other decisions for this case: -
Abstracts for this decision: -
Application title: PROSTHETIC HEART VALVE
Applicant name: Edwards Lifesciences Corporation
Opponent name: 1. Meril GmbH
2. Abbott Cardiovascular Systems Inc.
3. Meril Life Sciences Pvt Ltd.
Board: 3.2.01
Headnote: -
Relevant legal provisions: European Patent Convention Art 56 European Patent Convention Art 76(1)European Patent Convention Art 83 European Patent Convention Art 84Rules of procedure of the Boards of Appeal 2020 Art 012(4)
Keywords: Amendment to case - amendment admitted (yes)
Amendment to case - amendment overcomes objection (yes)
Divisional application - subject-matter extends beyond content of earlier application (no)
Divisional application - after amendment
Sufficiency of disclosure - (yes)
Claims - clarity after amendment (yes)
Inventive step - main request (yes)
Inventive step - non-obvious combination of known features
Catchword: -
Cited cases: -
Citing cases: -

Order

For these reasons it is decided that:

1. The decision under appeal is set aside.

2. The case is remitted to the opposition division with the order to maintain the patent as amended in the following version:

Description:

- Paragraphs 1-10, 13-39, 41-89 of the patent specification ,

- paragraphs 11 and 12 as filed during the oral proceedings before the Board on 22 March 2024 and

- paragraph 40 as filed during the oral proceedings before the opposition division on 2 May 2022.

Claims:

- No. 1 - 11 according to the main request filed as auxiliary request 88 with the reply to the statement of grounds of appeal on 7 March 2023.

Drawings:

- Sheets 1-26 of the patent specification